Fouad Al FarhanAlthough I can’t read a word of his blog, Fouah al-Farhan has been taken into custody by the Saudi government for posting some remarks critical of the government.

They are supposedly holding out for a written apology, so if indeed we do see one expect it to be completely bogus. I mean, lets face it. If someone arrests you for excercising free speech and then you apologize for doing so, you’re clearly lying through your teeth.

Those of you that are regulars can guess what I feel about this. Frankly I don’t care what country you live in, freedom of speech is the most basic human right. From it all other freedoms flow. In my opinion any government that decides it can no longer tolerate free speech is one that should be overthrown by the people – from whom all power is truly derived.

From the Guardian:

Fouad’s arrest was directly linked to his blogging activities. He may remain in custody for a one-month investigation period. After that his family will be allowed to visit him and be informed about his case and the possible charges that might be brought against him. Fouad is apparently being held, without charge or trial, at the ministry of interior’s security service (al-Mabahith al-’Amma) headquarter in Jeddah. He has been arrested at his office in Jeddah and had been led to his home where police confiscated his laptop computer.

This is a strange case because the security forces are clearly violating the customary law. The second clause of the penal code states clearly that it is not permissible to search a person or hold him except for clearly stated violations, and that he must be held in locations specified for such detention and for a set period of time and authorised by an appropriate legal authority. The same code also specifies that it is not permitted to hurt the detained person physically or morally and it is forbidden to torture the detained or to treat him in a way that impinges on his pride.

The fourth article of the same law states that every person has the right to use a lawyer to defend him in the investigation period and in the court sessions.

The law states clearly that the maximum period of holding a person without access to a lawyer and court approval is 24 hours. Until now, weeks have passed and Fouad Farhan is still being held without it being clear if he has had the opportunity for legal representation. Judging from some earlier cases, we have a strong belief that the detainee’s legal rights have not been honoured.

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